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Preambule
The vendor operates an electronic commerce business and offers a service selling Products on line on the Internet site www.horstaxe.fr.
These general terms and conditions (hereinafter "Conditions") are reserved exclusively for consumer, non-professional buyers.
Exchanges and refunds
Can I return a product if I am not satisfied?
Yes, if the product is returned in the condition in which it was sold (clothing: never worn, never washed, with its label / poster: not folded).
Horstaxe studio undertakes to exchange any product that does not meet with your satisfaction subject to available stock. If the product is out of stock, a full refund is made.
You shall be liable for shipping costs.
How do I go about requesting an exchange or return?
Return and exchange of goods is subject to prior agreement on our part. Therefore, please contact our after sales service:
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- specifying all information regarding your order (your full contact details, date, customer reference and order reference)
- stating the exact reason for your return
- first checking on our site whether the product you want is available to facilitate the exchange
- returning the article(s) in their original packaging to the following address :
Horstaxe studio / 7 Quai des Pêcheurs / 67000 Strasbourg / France
How will I be refunded?
All refunds are made by bank transfer.
Defintions
The terms used in these Conditions shall have the meaning ascribed to them below :
- Buyer: physical person acquiring Products via the Site
- Vendor: SARL HORSTAXE STUDIO, 7 Quai des Pêcheurs / 67000 Strasbourg / France
- SIRET: siret 504 342 163 00012 / ape code 9003A
Purpose
The purpose of these Conditions is to define the rights and obligations of the vendor and the buyer in the context of product sales via the site.
Scope
These Conditions apply to all product sales by the vendor to the buyer made via the site. Horstaxe studio reserves the option to adapt or amend these terms and conditions of sale at all times. If an amendment is made, it shall apply to the terms and conditions of sale in force upon the day of order to each order.
An order shall be confirmed by the vendor only after prior acceptance of the Conditions by the buyer.
Order
The Buyer places his Order via the Site.
All contractual information is presented in French and shall be subject to confirmation at the time of delivery at the latest.
Confirmation of orders
The Buyer declares that he has taken cognisance of the Conditions prior to placing his Order and acknowledges that confirmation of his Order implies acceptance of their terms.
The Buyer further acknowledges that the Conditions are put at his disposal in such a way as to allow their filing and reproduction, pursuant to Article 1369-4 of the Civil Code.
In order to place the Order, the Buyer must provide the Vendor with data concerning him and fill in an on-line form accessible on the Site.
Up to the final step, the Buyer shall have the option of going back to the previous pages and correcting and modifying his Order and the information previously provided.
An electronic mail confirming receipt of the Order and summarising all such information shall then be sent to the Buyer at the earliest opportunity.
The Buyer must therefore provide a valid electronic address when filling in the fields relating to his identity.
Validity of the offer – Unavailability of products
The offers presented on the Site by the Vendor are valid as long as they can be viewed on the site, subject to available stock.
Photographs and descriptions of products are given as a guide and may undergo slight modifications; this shall not engage our liability and the validity of the sale may not be contested.
Upon receipt of your order, we check availability of the product(s) ordered.
Should a Product ordered by the Buyer be unavailable, the Vendor undertakes to inform the Buyer thereof by electronic mail as soon as such unavailability is known.
In the event of unavailability, we undertake to offer you an exchange or refund within 30 days of confirmation of the order.
If one of the products in your order is out of stock, we shall nonetheless dispatch the rest of your order.
Price / payment
Les prix des Produits indiqués sur les pages du Site correspondent aux prix toutes taxes comprises et hors participation aux frais de préparation logistique et d’expédition.
Le Vendeur se réserve le droit de modifier les prix des Produits présentés sur le Site.
Toutefois, les Produits seront facturés à l’Acheteur sur la base des tarifs en vigueur au moment de la validation de la Commande.
Modalité de règlement
Payment for the Order shall be made :
- By bank/credit card: payment is made by secure banking server at the time of order. This means that no bank information concerning you transits via the site www.horstaxe.fr. Payment by card is therefore perfectly secure. Personal information forwarded from the site www.horstaxe.fr to the processing centre is protected and encrypted by the SSL (Secure Socket Layers) system; your order shall thus be registered and confirmed upon acceptance of payment by the bank.
The payment order made by the bank/credit card cannot be cancelled. This being the case, payment for the Order by the Buyer is irrevocable, though the Buyer may exercise his right of retraction or cancellation subsequent to the Order.
Transfer of ownership
Transfer of ownership of the Product to the Buyer shall not occur until payment of the price in full has been collected by the Vendor. However, as of receipt of the order by the customer, any risks pertaining to goods delivered are transferred to the customer.
Non-payment
Horstaxe studio reserves the right to refuse to deliver or honour an order from a consumer who has not paid in full or in part for a previous order or with whom a dispute regarding payment is currently being processed.
Delivery
How will my order be delivered?
All packages are shipped by the French postal services (La Poste).
What is the cost of shipping?
Carriage costs are included in the price of the product for Europ.
Can I change the delivery address?
Under "my account", you can modify, add or delete your delivery addresses.
The Product shall be delivered to the address given on the form filled in when placing the Order.
How long will delivery of my order take?
All delivery times stated are calculated in working days. The times given are average times and incorporate processing, preparation and shipping times for your order (leaving our warehouse). They run as of confirmation of the order.
The carrier's delivery time must be added to such time.
Can I track delivery of my order?
Packages are dispatched by Chronopost via La Poste. When your order is processed, an email confirmation shall be sent to you, containing the Chronopost tracking number. You simply go to the site: http://www.chronopost.fr/transport-express/livraison-colis/suivi and input your dispatch number.
Guarantee
Notwithstanding his aforementioned right of retraction, the Buyer's Product is guaranteed against hidden defects as laid down in Article 1641 of the Civil Code.
Furthermore, if the Product received by the Buyer does not conform to the Product described in his Order, such Product shall be replaced or refunded, according to the wishes expressed by the Buyer.
Liability
The Vendor's liability is limited to any direct, foreseeable damage that may be a result of the Buyer's use of the Site and the Products delivered.
The Vendor's liability may not be invoked if nonfeasance or misfeasance of his obligations can be ascribed to the Buyer, owing to an unforeseeable and insurmountable fact of a third party alien to the provision of the services laid down in the Conditions, or in the event of an unforeseeable, overpowering and external Act of God.
The Vendor cannot accept liability for damage resulting from wrongdoing by the Buyer in the context of use of the Products.
Intellectual property
All elements published on the Site, such as sounds, images, photographs, videos, text, animations, programs, graphic charter, utilities, databases, software, etc. are protected by the provisions of the Intellectual Property Code and belong to the Vendor.
The Buyer shall refrain from infringing the intellectual property rights pertaining to such elements, particularly from reproducing, representing, modifying, adapting or translating them and from extracting and/or re-using a qualitatively or quantitatively substantial part thereof, except for acts necessary to their normal, conforming use.
Personal data
The Buyer is informed that, when browsing and in the context of the Order, data of a personal nature concerning him are collected and processed by the Vendor. Such processing is subject to a declaration to the French Data Protection Authority in application of Law No. 78-17 of 6 January 1978.
The Buyer is informed that his data:
- Are collected in a fair and legal manner
- Are collected for specific, explicit and legitimate purposes
- Shall not subsequently be processed in a manner incompatible with such purposes
- Are adequate, relevant and non-excessive in view of the purposes for which they are collected
- Are exact and complete
- Are filed in a form that allows the identification of the persons concerned for a period that shall not exceed the period necessary to the purposes for which they are collected and processed
The Vendor further undertakes to take any precautions necessary to protect the security of data, particularly from distortion, damage or unauthorised access by third parties.
Such data are used to process the Order and to enhance and customise the services offered by the Vendor. They are not intended to be forwarded to third parties.
The Buyer is entitled to oppose the processing of data of a personal nature concerning him and that such data be used for canvassing prospects, particularly commercial prospects.
The Buyer may question the Vendor with a view to obtaining confirmation that data of a personal nature concerning him are or are not subject to such processing, information relating to the purposes of processing, on the categories of data of a personal nature processed and on the recipients or categories of recipients to whom the data are forwarded, the forwarding of data of a personal nature that concern him and any information available as to their origin.
The Buyer may also require the Vendor to rectify, complete, update, lock or delete data of a personal nature concerning him that may be inaccurate, incomplete, equivocal, out of date, or the collection, use, disclosure or filing of which is prohibited.
In order to exercise such right, the Buyer shall send an electronic mail to the Vendor in his capacity of processing manager, at the following address:
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Agreement on proof
It is expressly agreed that the Parties may communicate with each other by electronic means for the purposes of the Conditions provided that technical security measures intended to guarantee the confidentiality of the data exchanged are put in place.
Both Parties agree that the Electronic Mails that they exchange with each other provide adequate proof of the content of their exchanges and, where applicable, of their undertakings, particularly as regards the transmission and acceptance of Orders.
Partial invalidity
Should one or more of the stipulations in the Conditions be deemed illegal or null and void, such nullity shall not nullify the other provisions in these Conditions, unless such provisions are indissociably linked with the invalidated stipulation.
Law applicable
These Conditions are governed by French law.
Attribution of jurisdiction
The Parties agree that, in the event of any disputes that may arise regarding the fulfilment or interpretation of the Conditions, they shall endeavour to reach a transactional solution.
Should this attempt to come to an amicable solution to the dispute fail, the dispute shall be brought before the competent Courts.
Contact details
Horstaxe studio
7 quai des pêhceurs
67000 Strasbourg
France
T: (+33) 03 88 36 33 60
@:
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SIRET : siret 504 342 163 00012
ape code 9003A
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